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Terms

Car rental conditions

I. General provisions:

1) The Regulations specify the rules for the proper use of the vehicle being the subject of the lease (hereinafter: “Vehicle”), the rights and obligations of the Lessee and the Lessor.
2) If the Vehicle was made available by the Renter to another person, the Renter’s obligation is to reliably inform this person about the content of the Regulations. The Renter is responsible for any actions of the person to whom he handed over the Vehicle that is inconsistent with the rental rules.
3) The vehicle may only be driven by a person who has a valid driving license within the meaning of Polish law.
4) The Lessee is not entitled to sublet, lend or transfer the Vehicle to third parties without the prior written consent of the Lessor. This reservation does not apply to members of the Tenant’s immediate family (i.e. ascendants, descendants, siblings and the Tenant’s spouse).
5) The Lessor or other persons authorized by him has the right to control the manner of use and condition of the Vehicle and the Lessee’s documents related to the above circumstances, and the Lessee is obliged to enable the inspection and make the above-mentioned available. documents.
6) Whenever the Regulations refer to the “Fee indicated in the Table of Fees”, it should be understood as a fee that the Lessee who is not a consumer is obliged to pay to the Lessor regardless of the fault of the Lessee and regardless of the amount of damage to the Lessor and the amount of compensation received by the Lessor in connection with the insurance of the Vehicle. . The Landlord is entitled to claim additional compensation from the Tenant if the administrative fee does not cover the entire damage. In the case of Tenants who are consumers, the fee indicated in the Table of Fees has an informative function and constitutes the approximate amount of the Lessor’s damage in the event of a given event. The tenant who is a consumer is liable on a fault basis, subject to wider liability provided for by law. The tenant who is not a consumer is released from liability only by force majeure and the sole fault of the Lessor.
7) Unless otherwise agreed, the Renter is obliged to pay all amounts due for the rental of the Vehicle at the Lessor’s cash desk or by transfer to the Lessor’s bank account number: 74102029060000120203974789 Run by PKO BP in Krakow.
8) In the event of failure to comply with the terms of the contract or submission of false data, the lessor has the right to transfer the personal, registration and image data of the tenant and additional drivers to the authorities responsible for law enforcement and to lists of dishonest customers and business partners.
9) After booking a car via the website, a rental agreement will be drawn up before the car is delivered.
10) MAYS Family Company sp. z o. o. may refuse to hand over the car after making a reservation via the website without giving a reason.
11) Reservation of a car via the website with collection after office hours or delivery to the indicated address must be confirmed by phone.
12) The rental company does not refund money paid in advance for booking a car via the website. The reservation is completed, recorded and invoiced. The customer can use the money paid in any other period after setting the next available date.
13) Payments are handled by PayLane sp. z o. o. based in Gdańsk at ul. Norwida 4, zip code: 80-280, KRS: 0000227278.

II. Basic duties:

1) The Vehicle Renter is obliged to:
a) having with you valid documents required by road traffic control (driving license valid and recognized in the territory of the Republic of Poland, registration certificate, confirmation of having third party liability insurance),
b) securing the Vehicle against theft (each time closing the Vehicle and turning on all anti-theft devices),
c) performing daily maintenance of the Vehicle at your own expense and effort, i.e.:
– checking and replenishing the level of operating fluids, i.e. brake fluid, engine oil, coolant, windshield washer fluid,
– checking tire pressure and tire condition,
– checking the operation of signal, passing and road lights,
– keeping the Vehicle properly clean,
– use in the Vehicles fuel that complies with the engine specifications given in the registration certificate
– follow the recommendations of the Vehicle manufacturer specified in the Vehicle’s user manual.
2) The tenant has no right:
a) towing other vehicles with the Vehicle,
b) making any modifications or other changes to the Vehicle that are inconsistent with the properties and intended use of the Vehicle,
c) exceeding the permissible number of passengers and the permissible load capacity of the Vehicle,
d) smoking in the Vehicle,
e) performing other activities that may damage the Vehicle.
3) Smoking is strictly prohibited in all Mays rental cars; failure to accept the above provision in the Rental Regulations imposes a one-time fee of PLN 500 on the Company or the Renting Person.

III. Failure, Service and Repair:

1) Unless otherwise provided in the contract, the Lessor is not liable for damage suffered by the Lessee as a result of failure, damage, accident or collision of the Vehicle, unless the damage was caused by the Lessor due to willful misconduct.
2) In the event of a breakdown of the Vehicle or the need to perform service, the Lessee is obliged to immediately notify the Lessor. In the event of a fault or damage to the mechanical components of the Vehicle, it is prohibited to continue driving without the consent of the Lessor.
3) The Tenant has no right to order any repairs, corrections, alterations, inspections or other activities.
repair and maintenance work on the Vehicle without the prior written consent of the Lessor’s authorized representative. Such consent may also be issued electronically (e-mail).
4) The authorized representative of the Lessor is the Technical Advisor, operating the Technical Hotline, tel.: +48 728 428 000
5) Service needs are reported orally (by phone or in person) along with the justification (failure, collision, etc.). The application should be sent to the Advisor. Technical information of the Lessor. Advisors for The technician analyzes the report and manages the vehicle service (repair) process, directing it to the appropriate service station and directly ordering the necessary work to be performed.
6) Inspections and repairs should be performed only at mechanical, bodywork and painting services indicated by the authorized representative of the Lessor throughout Poland. The Renter has no right to perform scheduled servicing of the Vehicle outside Poland.
7) The Tenant is not authorized to sign invoices for the work performed as a “person authorized to receive the invoice” or to make declarations of will on behalf of the Lessor.
8) If the Lessor grants consent to the Lessee’s service activities, the Lessee is obliged to make sure, with due diligence, that all the ordered work has been reliably performed and to sign the vehicle acceptance report from the service center. The Renter is also obliged to ensure that all data required by the guarantor related to the warranty or post-warranty inspection of the Vehicle are recorded in the technical documentation of the Vehicle.
9) The Renter is liable to the Lessor for damage to the Vehicle, unless the damage to the Vehicle occurred without the fault of the Renter. In particular, the Renter is liable for damage to the Vehicle resulting from lack of oil in the engine, lack of oil in the gearbox, lack of brake fluid, maintaining inappropriate tire pressure, exceeding the permissible load capacity, using the Vehicle contrary to its intended purpose, the user manual and applicable regulations and rules of use. and operation of motor vehicles and their components.
10) Using Assistance from the vehicle manufacturer or insurance company does not release the Renter from the obligations listed above.

IV. Damage, accident, burglary, vehicle theft – procedure:

1) In the event of a road accident/collision/burglary/theft of the Vehicle, the Renter is obliged to call the Police each time and ensure that a report is prepared from the scene of the accident. With the individual consent of the Lessor, it is possible to waive this obligation in the case of minor damages covered by the car insurance policy.
2) In the event of damage to the Vehicle, in particular as a result of a road accident, collision, burglary or theft of the Vehicle,
The tenant is obliged to:
– immediately notify the Lessor’s authorized representative (the Lessor’s Technical Advisor),
– immediately report the damage to the insurer (within the deadline specified in the general terms and conditions of AC insurance or within 3 business days in the case of damage covered by the perpetrator’s third party liability insurance),
– follow strictly the instructions of the Landlord’s authorized representative (Consultant for Technical
Landlord),
3) When reporting a road accident, collision, burglary or theft of the Vehicle, the Lessee is entitled to notify the Lessor of his/her intention to use the AC policy. The Lessor manages the proceedings related to the settlement of motor damage, but this can only be done effectively with the active participation of the Vehicle user. In connection with the Tenant’s use of the AC policy, the Tenant is obliged to pay the fee indicated in the price list.
4) The Renter is not allowed to repair the damaged Vehicle on his own.

V. Other provisions:

1) After the end of the rental period, the Renter is obliged to return the Vehicle to the place agreed by the parties. Return of the Vehicle in a place other than the one agreed upon at the time of concluding the rental agreement is permitted after agreement with the Lessor, upon payment of the Fee indicated in the Table of Fees.
2) The intention to extend the Vehicle rental period must be reported at least 12 hours before the return deadline. Extension of the rental period by at least 24 hours requires a written agreement with the Landlord, concluded at the Landlord’s office. Failure to report the intention to extend the Vehicle rental and failure to return the Vehicle within 24 hours from the end of the rental is treated as misappropriation of the Vehicle and is reported to the Police. In the event of delay in returning the Vehicle, the Renter is obliged to pay the Fee indicated in the Fee Table. In the event of failure to return the Vehicle on time, the Lessor is authorized to collect the Vehicle, keys, insurance policy and other Vehicle documents from the Renter and to charge the Renter with the full costs incurred in connection therewith.
3) The Renter is obliged to return the Vehicle with the same amount of fuel as received upon receipt of the Vehicle. For any fuel shortages, the Lessee pays the Fee indicated in the Fee Table.
4) After returning or replacing the Vehicles used by the Tenant, the Lessor has the right to charge the Tenant the following costs:
a) supplementing the equipment of the Vehicle or its parts described in the Vehicle Handover/Acceptance Protocol and compensation for exceeding normal wear and tear of the Vehicle inside or outside (including upholstery elements, hubcaps, rims and tires),
b) repair of damage to the vehicle caused by improper operation of the Vehicle or negligence of the Lessee, for which
the insurer is not liable under the AC insurance contract,
c) restoring the Vehicle to a condition consistent with normal wear and tear.
5) In the cases listed in point V No. 4), the amount of compensation is determined based on a repair calculation prepared by an entity that is an authorized dealer or based on a VAT invoice documenting the costs of removing damage or supplementing the Vehicle’s equipment. In the case of repair calculations, the Audatex system will be used to determine the repair costs, and if it is necessary to purchase parts, the dealer’s current price lists will be used.
6) The Renter is not responsible for operational damage to the Vehicle. The Vehicle Acceptance Protocol only indicates:
damage to the Vehicle other than operational damage. The Renter is entitled to raise objections to the Vehicle Acceptance Report in case of questioning the type of damage entered in the Vehicle Acceptance Report.
7) The Lessor, in the event of immobilization of the Vehicle for a period longer than 24 hours, will, if possible, provide the Lessee with a replacement car. The replacement car should, if possible, have a standard corresponding to the standard of the Vehicle.
A replacement car will not be provided in the event of:
a) occurrence of at least one of the following events: loss of registration certificate, insurance policy, car keys, registration plate(s),
b) immobilizing the Vehicle outside the territory of the Republic of Poland.
8) The Renter is obliged to return the replacement vehicle immediately after collecting the Vehicle, but no later than the next day after receiving information about the repair of the Vehicle.
9) If the Tenant loses the registration certificate or insurance policy or keys or plate(s)
registration number of the Vehicle, the rental continues and the Lessor undertakes to immediately replace the missing element.
10) In the event of loss of the keys to the Vehicle, the Renter is obliged to immediately secure the Vehicle against theft and to immediately notify the Lessor’s authorized representative of the loss of the keys and follow his instructions.
11) The vehicles have a full scope of third party liability and comprehensive insurance, exempting the Renter and the Vehicle user from liability in the event of collision and theft within the scope of standard conditions, with the exception of exclusions resulting from the general conditions of vehicle insurance, in particular:
a) intentional damage to the Vehicle
b) damage while driving the Vehicle under the influence of alcohol, intoxication, using drugs or psychotropic substances and without a valid driving license
c) if the driver fled the scene,
d) theft of the Vehicle if the user did not secure the Vehicle against theft, except in the case of robbery in accordance with the provisions of the general terms and conditions of insurance contracts,
e) theft of a Vehicle in which all anti-theft devices installed in it have not been activated,
f) other damages, if not covered by the insurer or the perpetrator of the damage,
g) other cases arising from the general terms and conditions of insurance contracts and legal provisions.
12) The Renter is obliged to read the provisions of the policy, the general terms and conditions of vehicle insurance contracts and changes to the general terms and conditions of vehicle insurance contracts and to comply with the provisions contained therein under pain of liability for any damage caused. The applicable general terms and conditions of insurance contracts are published on insurers’ websites. The Landlord provides the Tenant with the applicable general terms and conditions of insurance contracts upon concluding the rental agreement and at any time at the Landlord’s branch.
13) The Lessor declares that the Vehicle has anti-theft protection required by the insurer.
14) The Renter acknowledges that the condition for the insurer to pay compensation is to report the damage by the Vehicle user within the deadline specified by the insurer. The Renter undertakes to ensure that in the event of a motor vehicle damage or other damage falling within the scope of the risk covered by the perpetrator’s liability insurance or AC insurance, the Vehicle user, in consultation with the Lessor, reports the damage to the insurer, signs the appropriate declarations required in the damage settlement procedure, and provides the documents indicated by the insurer. and met other requirements specified by the insurer.
15) Moving the Vehicle outside the territory of the Republic of Poland is permitted on the following terms:
a) to all European Union countries, provided that written consent is obtained from the Landlord at the Tenant’s request and after paying an appropriate fee in accordance with the Landlord’s current price list,
b) other European countries, provided:
– that it is consistent with the territorial scope of coverage of the AC policy,
– obtaining the Landlord’s individual written consent at the Tenant’s request,
– providing the planned date of your stay abroad,
– after paying the appropriate fee in accordance with the Landlord’s current price list and paying any fee related to the need to purchase additional insurance (AC extension, Green Card, etc.).
c) it is prohibited to move the Vehicle to Russia, Ukraine, Belarus, Moldova and Kosovo without the written consent of the Lessor and without additional AC insurance in accordance with the territorial scope.
16) In the case of trips outside the country, the scope of services provided by the Lessor is limited, and the quality of support depends on the specificity of a given region.
17) During the rental period, the Lessor will be obliged to repair partial damage to the Vehicle only if it threatens the safety of the Vehicle’s users or third parties.
18) The Tenant is obliged to cover administrative fees related to the use of the Vehicle by the Tenant and imposed on the Lessor, in particular this applies to fees for parking the vehicle in paid parking zones and additional fees for failure to pay parking fees.
19) MAYS Family Company sp. z o. o. is not responsible for items left in the car. After one month from the return of the car, all items become the property of MAYS Family Company sp. z o.o.
20) In class B and C, there is a mandatory deposit of at least PLN 300 for persons under 25 years of age.

TABLE OF FEES (the amounts given are gross amounts):

1.Abolition of the administrative fee for the motor damage settlement process. It does not cover refueling the car with the wrong fuel and damage that is not covered by the auto insurance policyA,B,C-PLN 20/day, D,P,R-PLN 30/day, E,SUV-PLN 50/day
2.Reconstruction of a lost registration certificate, insurance policy, license plate or registration sticker on the windshield369zł
3.Replacement of keys, locks and ignition due to loss of the key.According to the estimate of the authorized service + PLN 50
4.Each day the vehicle is parked outside the rental period due to the replacement of the above-mentioned items.120zł
5.Reproduction of technical documents (Vehicle Service Register, Warranty Book, Owner’s Manual).PLN 250 for each document
6.Providing written information at the request of law enforcement and administrative authorities about the user of the vehicle with which the offense was committed.200zł
7.Replacement for aftermarket/original hubcap.100zł / 200zł
8.Delay in returning the car.Three times the daily rental rate in the gross amount for each day of delay
9.Charge per km above the set limitA,B,C,P,R-0,40zł, D,E,SUV-0,60zł
10.Replenishing the missing fuel.Actual cost + PLN 50
11.Administrative fee for the settlement of motor damage under the Auto Casco policy.A,B-1300zł, C,D,P,R-2500zł, E,SUW-5000zł
12.Administrative fee for settling a total or theft loss under the policy.A,B-2600zł, C,D,P,R-5000zł, E,SUW-10000zł
13.Dismantling parts of the vehicle’s equipment or making other modifications or changes without the consent of the Lessor.2000zł
14.Failure to inform the Lessor about the need to perform a warranty or post-warranty inspection.3000zł
15.Failure to inform the Lessor about the need to perform tests.400zł
16.Smoking in the vehicle.2000zł
17.Towing other vehicles with a rental vehicle.1500zł
18.Giving the vehicle to a person who is not authorized to drive the vehicle.2000zł
19.Prohibited movement of the vehicle outside the country.2000zł

INFORMATION ON THE PROCESSING OF PERSONAL DATA

As of May 25, 2018 the EU regulation on the protection of personal data will come into force – Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016. on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (hereinafter referred to as the “GDPR Regulation”). National regulations on the protection of personal data will also change, in particular the current Act of August 29, 1997 on the protection of personal data will be repealed and the Personal Data Protection Act of May 10, 2018 will come into force (these provisions are hereinafter collectively referred to as the “GDPR Regulations”). ).

In connection with the implementation of the GDPR Regulations, MAYS Family Company sp. z o. o. based in Kraków, at ul. Stanisława Lema 24/LU1 (hereinafter referred to as Mays), informs you about the principles of processing your personal data and your related rights.

The following rules apply from May 25, 2018.

  1. INDICATION OF THE PERSONAL DATA CONTROLLER

The Personal Data Controller is Mays (hereinafter referred to as the “DO Controller”). Contact with the DO Administrator is possible via the e-mail address: biuro@mays.com.pl or in writing to the following address: MAYS Family Company sp. z o.o., 31-571 Kraków, ul. Stanisława Lema 24/LU1 with the note “Personal data”.

  1. PURPOSE AND SCOPE OF PERSONAL DATA PROCESSING
  2. Mays processes your personal data:
    a) in order to take action before concluding a contract at the request of the data subject or for the purpose of performing a contract to which the data subject is a party [Art. 6 section 1 letter b. GDPR Regulations],
    b) in order to fulfill the legal obligation imposed on the DO Administrator [Art. 6 section 1 letter c. GDPR Regulations],
    c) on the basis of legitimate interest [Art. 6 section 1 letter f. GDPR Regulation] in order to:
    I. direct marketing of MAYS Family Company sp.’s own products or services. z o.o.;
    II. organizing and conducting competitions and other marketing campaigns,
    III. monitoring and improving the quality of services provided, including monitoring telephone calls and surveying customer satisfaction with the services provided,
    IV. risk management and internal control,
    V. pursuing or securing claims,
    VI. providing information about proposed changes to the Agreement, including the Regulations and Price List,
    VII. examining complaints and claims regarding services provided by MAYS Family Company sp. z o.o..
  3. In addition, Mays may, pursuant to a separate consent [Art. 6 section 1 letter a. GDPR Regulations] process data in order to:
    a) analysis of customer preferences and interests or development of services provided based on automated processing by the DO Administrator. Based on the created customer profile, the DO Administrator can:
    I. adapt the services provided to the client’s individual interests,
    II. propose a personalized offer;
    b) marketing of own products or services and similar products and services offered by Mays partners,
    c) direct marketing of products or services of entities cooperating with Mays, however, the customer’s personal data will not be made available to third parties;
  4. Marketing referred to in point b) – c) above may be implemented by Mays via electronic means of communication, i.e. SMS, e-mail, MMS, mobile application on the phone and communication via telephone communication.

III. PERSONAL DATA PROCESSING PERIOD

Your data will be processed for the period necessary to implement the tasks indicated in point. II purposes including:
a) for the duration of the contract, and after its expiry for the period necessary to:
after-sales customer service (e.g. complaint handling)
securing or pursuing any claims due to Mays
for the fulfillment of the legitimate legal obligation of the DO Administrator resulting from legal, tax and accounting provisions;
b) personal data processed for the purposes of marketing Europcar’s own products or services on the basis of a legitimate legal interest will be processed until the data subject raises an objection;
c) personal data processed on the basis of a separate consent will be stored until it is withdrawn.

  1. RIGHTS OF THE PERSON TO WHOM THE PERSONAL DATA CONCERN

You have the following rights under the GDPR:
a) the right to access processed personal data, i.e. the right to obtain confirmation from the DO Administrator whether and to what extent personal data is processed;
b) the right to rectify data if there is a reasonable suspicion that the data being processed is incorrect or incomplete;
c) the right to limit data processing, including: i. the right to withdraw previously granted consents (withdrawal of consent does not affect the lawfulness of data processing carried out on the basis of consent before its withdrawal), ii. the data subject has objected to the processing of data – until it is determined whether the objection to data processing is justified in relation to the legitimate interest of the Data Controller
d) the right to delete personal data if: i. the data is no longer necessary for the purposes for which it was collected or otherwise processed, ii. the data subject has objected to the processing of data, iii. the data subject has withdrawn consent on which the processing is based and there is no other legal basis for the processing, iv. the data is processed contrary to applicable law, v. the data must be deleted in order to fulfill the obligation arising from legal provisions.
e) the right to transfer data via the Administrator to another administrator, provided that the processing is based on a contract concluded with the data subject or on the basis of the consent expressed by such a person;
f) the right to lodge a complaint with the competent supervisory authority if it is considered that the personal data processed by MAYS Family Company sp. z o. o. violate the provisions of the GDPR;
g) the right to obtain intervention from the DO Administrator, express one’s own position and challenge a decision based on automated data processing.

The rights listed in points a) – g) above can be exercised by contacting the DO Administrator (address provided at the beginning, with the note: “Personal data protection”).

  1. INFORMATION ABOUT RECIPIENTS OF PERSONAL DATA

In connection with the processing of personal data for the purposes specified in point. II, your personal data may be made available to the following recipients or categories of recipients:
a) entities participating in the processes necessary to perform contracts concluded with you,
b) entities supporting Mays in its business processes, including entities processing personal data for Mays (so-called Mays processors) participating in the performance of our activities, including: agents, advertising agencies, sponsors and other entities participating in the sale of our services or organization of campaigns marketing;
c) entities related to Mays within the Mays capital group, in the implementation of reporting obligations;
d) entities providing telecommunications services;
e) entities providing debt collection services and entities purchasing receivables – if you fail to pay our bills or invoices on time;
f) entities providing banking services in order to make refunds to you or to provide direct debit services;
g) entities providing courier or postal services;
h) entities providing transport services;
i) entities printing correspondence and handling correspondence from customers;
j) economic information offices and BIK in order to obtain information about your debt, which is available in these offices;
k) Polish Bank Association in order to verify whether your identity document has not been reported to the Restricted Document System;
l) entities archiving documents;
m) entities engaged in customer opinion research;
n) entities providing services to MAYS Family Company sp. z o. o. technical services, including: developing and maintaining IT systems and websites, as well as providing access to MAYS Family Company sp. z o. o. ICT tools;
o) entities providing advisory, consulting, auditing, financial, accounting and legal assistance services to Mays;
p) Law enforcement authorities in the event of suspicion of committing a crime in connection with the implementation of the contract concluded with Mays.

PROCESSING OF PERSONAL DATA

  1. The website automatically collects only information contained in cookies.
    2. Files (cookies) are text files that are stored on the website user’s end device. They are intended for use of the website pages. First of all, they contain the name of the website of their origin, their unique number, and the storage time on the end device.
    3. Website operator MAYS Family Company sp. z o. o. is an entity that places cookies on its user’s end device and has access to them.
    4. The website operator uses files (cookies) for the following purposes:
  2. a) adapting the content of the website to the user’s individual preferences, above all, these files recognize his device in order to display the website in accordance with his preferences;
    b) preparing statistics that help to learn about users’ preferences and behavior, the analysis of these statistics is anonymous and allows adapting the content and appearance of the website to current trends, statistics are also used to assess the popularity of the website;
    c) possibility of logging in to the website;
    d) maintaining the user’s login on each subsequent page of the website.
  3. The website uses two basic types of files (cookies) – session and permanent. Session files are temporary and are stored until you leave the website (by entering another website, logging out or turning off your browser). Persistent files are stored on the user’s end device until they are deleted by the user or for the time specified in their settings.
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    9. Information on web browser settings is available in its menu (help) or on the manufacturer’s website.
    10. Using the website requires the processing of the customer’s personal data in the scope of: …. (e.g. name and surname, telephone number, e-mail address, home address, etc.). The data will be processed by MAYS Family Company sp. z o. o. to the extent necessary to conclude and perform the contract. Transaction data, including personal data, may be transferred to PayLane Sp. z o. o. based in Gdańsk at ul. Norwida 4, zip code: 80-280, KRS: 0000227278. to the extent necessary to process payment for the order. The customer has the right to access and correct their data. Providing data is voluntary and necessary to use the website.